1. Smt. Sadhana Digamber Chachad ... vs Prakash Devendra Navghare And Ors
2021 Latest Caselaw 2989 Bom

                                                   6-APP 225-11 in TS 45-05 with CHSL 282-14 in APP
                                                                                         225-11.doc
Swaroop
S. Phadke
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by       ORDINARY ORIGINAL CIVIL JURISDICTION
Swaroop S.
Phadke
Date: 2021.02.16
14:55:36 +0530
                                APPEAL NO.225 OF 2011
                                        IN
                           TESTAMENTARY SUIT NO.45 OF 2005
                                        IN
                         TESTAMENTARY PETITION NO.23 OF 2004

       Sadhana Digamber Chachad & Ors.                         ... Appellants
             Vs.
       Prakash Devendra Navghare & Ors.                        ... Respondents
                                           WITH
                        CHAMBER SUMMONS (ST) NO.282 OF 2014
                                             IN
                                  APPEAL NO.225 OF 2011
                                            -----
       Mr. Cyrus Ardeshir a/w Mr.Z. Madon & Mr.S.Z. Jariwala i/by Thakor Jariwala &
       Associates for the Appellants.
       Mr. Levi A. Rubens a/w Mr. Yahaan S. Rubens & Mohammed Naved I. Mulla
       i/by LR & Associates for the Respondents.
       Mrs. Vandana Shailesh Madan, Shailesh M. Madan & Prakash D. Navghare
       present.
                                            -----

                                        CORAM : S.J. KATHAWALLA &
                                                VINAY JOSHI, JJ.

DATE : 15TH FEBRUARY, 2021

P.C. :

1. Mr. Levi A. Rubens i/by LR & Associates is allowed to fle

vakalatnama on behalf of the Respondents, by 5.00 p.m. today.

6-APP 225-11 in TS 45-05 with CHSL 282-14 in APP 225-11.doc

2. By consent, the following order is passed :-

(i) The impugned judgment dated 12th October, 2010 is set

aside.

(ii) The matter will be reargued before the learned Single

Judge, who is requested to hear the parties and pronounce

judgment within a period of four weeks from the date of

this order.

(iii) No further evidence or documents shall be produced by the

parties before the learned Single Judge.

(iv) All contentions of the parties are kept open.

(v) For a period of four weeks from the date of this order,

parties to maintain status quo in respect of all the

properties of the deceased.

3. The appeal is accordingly disposed of. In view of the disposal of the

Appeal, Chamber Summons also stands disposed of.

(VINAY JOSHI, J.) (S.J. KATHAWALLA, J.)